Bill C-11

Military Justice System Modernization Act

An Act to amend the National Defence Act and other Acts

This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
In response to those reports, the enactment amends that Act to, among other things,
(a) modify the process for appointing the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services with a view to enhancing their independence;
(b) affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system in the exercise of the Judge Advocate General’s superintendence of the administration of military justice;
(c) remove the court martial’s jurisdiction to try a person in relation to an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose and provide for exceptions;
(d) [ Deleted ]
(d.1) provide for the development of a plan for the establishment of an office of the inspectorgeneral for sexual misconduct in the Canadian Forces;
(e) expand the class of persons who are eligible to be appointed as a military judge;
(f) expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal’s supervision must make such a complaint in certain circumstances; and
(g) change the title of the Canadian Forces Provost Marshal to the Provost Marshal General.
In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim or an accused may request that a victim’s liaison officer be appointed to assist them.
It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act .
Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.

Military Justice System Modernization Act

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, why does my colleague think the government took so long to introduce this bill? Yes, there was Bill C‑66, but it died on the Order Paper.

The government has known for 10 years that it needed to act quickly, but it failed to do so. As for General Vance, there were allegations even under the Conservatives. Members will recall that the Liberal defence minister refused 12 times to meet with the ombudsman, who asked to meet with him on this issue so that action could be taken and legislation could be passed. The minister refused to even look at any evidence.

Could my hon. colleague share his thoughts on that?

[Pat Kelly, Conservative, Calgary Crowfoot, AB]

Mr. Speaker, I have no answer for the member's question, which was why the government spent 10 years ignoring the problem. That would be a question for the government.

The member is absolutely right. The Liberals had 10 years. They have been in office for 10 years, and it took them eight years to even table this bill. Then they did not call it for a year, so it was not debated. It was moved and we had maybe one day of debate, and then the Liberals spent six months of House time avoiding an order of Parliament, during which time the bill could have been called and debated. The member is absolutely right to point out that the government has had 10 years to do this and it has failed.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, I thank my colleague for his great speech today laying out all the problems and laying out why we do not trust the Liberal government and why Canadians do not trust it either to deliver for our Canadian Armed Forces.

The member used to sit on the defence committee, and we sat there and watched the Liberals try not to let the committee study why Harjit Sajjan, Jonathan Vance, Justin Trudeau, Katie Telford and Zita Astravas covered up Jonathan Vance's sexual misconduct against another serving member of the Canadian Armed Forces.

I would ask the member to speak to why the Liberals would cover this up rather than deal with it, waiting 10 years to finally come forward with a bill.

[Pat Kelly, Conservative, Calgary Crowfoot, AB]

Mr. Speaker, again, that is a great question, and it is one that I cannot answer. That is a question for the government. Why did the Liberals wait so long to implement this recommendation?

The very fact that the government, including the former prime minister and minister, spent all of the resources that it did trying to cover up sexual misconduct in the armed forces says everything that one needs to know about how seriously the Liberals took the problem at the time. Even after that episode, it was years before they tabled the bill that would implement the transfer of complaints to civilian courts. It took them way too long, and I do not think they deserve any credit for having finally introduced this bill.

[Charles Sousa, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, I will be sharing my time with the member for Davenport.

It is both a privilege and a responsibility to rise in the House today to discuss a matter that affects not only the Canadian Armed Forces, but the very fabric of our democracy: Bill C-11, the military justice system modernization act. As chair of the national defence committee, I am acutely aware of the critical work being done to ensure that our military and our military justice system are modern, accountable and aligned with the values of Canadian society.

As we make major investments in Canada's national defence, we must not lose sight of the brave men and women in the armed forces and their needs. We have heard from members that they need a modern military justice system to support them, and that is why the changes proposed in Bill C-11 are so crucial. They represent a significant and meaningful shift in how we view military justice. It is one that underscores the importance of culture change within the Canadian Armed Forces.

For those who do not know me, before I was elected to serve in this House, I had the privilege of working in many sectors of the government and public service where I have seen first-hand how important it is for systems to evolve. We cannot afford to be complacent. We must act decisively and without hesitation. That is exactly what this government has done by introducing Bill C-11.

This bill represents not just an update to legal processes, but a commitment to a new era of accountability and transparency within the Canadian Armed Forces. We are not living in an isolated, insular world. The global security environment is more volatile than it has been in decades. As our military faces increasing and complex challenges around the world, we must ensure that our women and men in uniform are prepared, resilient and, most importantly, supported.

One of the most crucial elements of Bill C-11 is ensuring that the military justice system reflects the values we hold as Canadians. These are values of fairness, accountability and respect for human dignity. That is why Bill C-11 includes recommendations from Justice Arbour and Justice Fish to modernize the justice system, focusing on greater transparency, enhanced support for victims and a more independent framework for addressing sexual misconduct.

A key provision of this bill is the removal of the Canadian Armed Forces' jurisdiction over Criminal Code sexual offences committed within Canada. This is a direct response to Justice Arbour's recommendation that military sexual misconduct cases be handled by civilian authorities. This reform would increase public trust in the military justice system and demonstrate to the world that Canada takes sexual misconduct seriously.

However, it is important to understand that this bill is not just about legal reform. It is about transforming military culture itself. Culture change is never easy, especially in an institution like the Canadian Armed Forces, but it is absolutely essential. As we move forward with Bill C-11, we must ensure that the CAF is a place where all members, regardless of gender, rank or background, feel that they are not only safe, but also heard, respected and valued. This is about creating a safe, modern and 21st century workplace for our forces.

One of the most crucial aspects of this bill is the support it provides to survivors of sexual misconduct. The introduction of the victim's liaison officer program and expanded support services would ensure that survivors are not just heard but supported at every stage of their journey. Victims and survivors can also access the Sexual Misconduct Support and Resource Centre, SMSRC, for 24-7 free and confidential support. It does tremendous work and its staff have appeared before our committee to highlight some of the resources available to our armed forces.

This bill would put a renewed focus on improving oversight and accountability in military policing and strengthen the role of military judges in ensuring fairness in the justice system. These are all tangible steps toward building a culture of respect, fairness and trust.

Time and time again, members of the Canadian Armed Forces have cited the need for a modern military justice system where their concerns and cases can be brought forward and evaluated in a fair and transparent manner. To our members: we have heard them, and we are acting swiftly.

Bill C-11 represents an important step forward for the Canadian Armed Forces, and it is only the beginning. The reforms we are proposing today will lay the foundation for future changes. However, those changes will require continued dedication and co-operation from all levels of government, military leadership and the defence team.

As we move forward with these reforms, we must remain committed to the work that still lies ahead. The cultural changes needed within CAF will require ongoing attention, investment and accountability, but with Bill C-11, we are taking a decisive step in the right direction, based on independent and expert recommendations. The time has come for us, and indeed all Canadians, to support transformative measures for the Canadian Armed Forces. I urge all of my colleagues to support Bill C-11 and the vision of a stronger, safer, more inclusive Canadian Armed Forces.

[Grant Jackson, Conservative, Brandon—Souris, MB]

Mr. Speaker, it is just a bit shocking, the conversation coming from the Liberal side about how they are moving swiftly and the Conservatives are responsible for delays when, in fact, that member sits with several rows of MPs who were part of a team that prorogued Parliament to avoid taking any credible action on this issue after months of filibustering prior to that.

I wonder how that member can square the circle of sitting with members who actually prorogued Parliament to avoid taking any real action on this issue, while claiming they are acting swiftly to get something done.

[Charles Sousa, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, a lot of filibustering was happening in the previous session, a lot of delays, a lot of activity that obstructed government from doing its job. The member opposite is now talking about some partisan issues, recognizing full well that he himself wanted an election, and he lost because people supported the Liberal Party going forward and they are supporting our actions to support our military. When the Conservatives were in power, it was under 1% of GDP. We are strengthening the forces. We are investing in our people, and we are making every effort for them to be safe in our judicial system as well.

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, does my colleague agree that the government has really taken too long to introduce this bill or its previous version, Bill C‑66?

Members will recall that, when the scandal broke, the Liberal government decided to appoint Justice Louise Arbour to make the military justice system independent of the chain of command. That was six years after the Deschamps report, which made the very same recommendation.

According to the Toronto Star, when Louise Arbour was called, she wanted to know if she was seriously being asked to do this work that had already been done. The Arbour report was tabled in May 2022, and there was also the report by Mr. Morris Fish.

Why delay the passage of such a bill for 10 years?

[Charles Sousa, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, that is a very important question.

I do not understand why you seem apprehensive.

There is no more time to waste. Let us support Bill C-11 now.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Mr. Speaker, I rise on a point of order.

I would like to remind my hon. colleague that he is to address the Chair, not his colleagues.

[The Assistant Deputy Speaker, John Nater]

This is a reminder to all colleagues to speak through the Chair.

Questions and comments, the hon. parliamentary secretary.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I appreciate many of the words my colleague has put on the record. One of the things I want to recognize is Bill C-11 comes out of recommendation number five. Recommendation five says we need to take the issue and put it into our civil judicial system, as opposed to the military system. For the last number of years, the government and the military have already moved in that direction, but passing this law will enable us to meet the 48 recommendations that were advanced by Justice Arbour.

I am wondering if he can just provide his thoughts on achieving those 48 recommendations.

[Charles Sousa, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, I wish to reflect on the very nature of why this bill is important. As noted, there have been expert independent recommendations made by two justices recognizing its importance. One of the major priorities is the civilian enablement of the justice system to have more independence and protection for our armed forces and the individuals involved. All of us agree with that. I believe the opposition agrees with it as well. Let us support Bill C-11.

[Harb Gill, Conservative, Windsor West, ON]

Mr. Speaker, this legislation is long overdue, and I believe the Minister of National Defence himself admitted this today. One of the most important issues for any military is maintaining discipline and readiness.

By shifting more offences to the civilian system, which is already overburdened as it is, how will the government maintain the swift discipline and operational effectiveness necessary to military service? How is the government going to strike a balance between justice for victims and the chain of command's need for operational order?

[Charles Sousa, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, having visited Latvia and Estonia, having gone to our bases in the U.K. and having been recently in Petawawa during military exercises, I was able to meet and talk first-hand with some of the soldiers and men and women on the front lines. Believe me, the soldiers, officers and leaders want discipline, but they want fairness and transparency and for their troops to be cared for. They recognize the civilian system is an appropriate step forward.